Digital Commons Network^™

Volume 9 Masthead

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Disruptive Technology And Common Law Lawmaking: A Brief Analysis Of A&(And)M Records, Inc. V. Napster, Inc., Michael W. Carroll

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Napster: The Case For The Need For A Missing Direct Infringer, Llewellyn Joseph Gibbons

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

The Modern Athlete: Natural Athletic Ability Or Technology At Its Best, Erin E. Floyd

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Is Proof Of Access Still Required - Proving Copyright Infringement Using The Strikingly Similar Doctrine: An Analysis Of The Fourth Circuit's Decision In Bouchat V. Baltimore Ravens, Inc., Henry J. Lanzalottie

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

The Evolution Of Drug Testing Of Interscholastic Athletes, Diane Heckman

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Excessive Exercise As Corporal Punishment In Moore V. Willis Independent School District - Has The Fifth Circuit Totally Isolated Itself In Its Position, Kristina Rico

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

No Room For Cheers: Schizophrenic Application In The Realm Of Right Of Publicity Protection, Jennifer Y. Choi

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Access Denied And Not Designed: The Ninth Circuit Drafts A Narrow Escape For Architect Liability Under The Americans With Disabilities Act In Lonberg V. Sanborn Theaters, Inc., Mita Chatterjee

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Problems Ascertaining The Bare Meaning Of Statutes Regulating Adult Entertainment: The Eleventh Circuit Falls Back On The Secondary Effects Doctrine In Ranch House, Inc. V. Amerson, Thomas Schrack

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

The Secret Of Our Success: The Sixth Circuit Interprets The Proof Requirement Under The Federal Trademark Dilution Act In V Secret Catalogue V. Moseley, Jennifer Hemerly

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

2002 - Appropriations 5.7, Office Of Representative Luis V. Gutiérrez

By year (2001-2019)

This series consists of appropriations supported by the Office of Representative Luis V. Gutiérrez. Appropriations included: United Nations Population Fund (UNFPA), Institute of Puerto Rican Culture and Art, ChildServ, The Arthritis Foundation, LINC TELACU Education Foundation, Chicago Children's Museum, The Robert Morris College Excel, and Shared Integrated Management Information System.

2002 - Appropriations 2.4, Office Of Representative Luis V. Gutiérrez

By year (2001-2019)

This series consists of appropriations supported by the Office of Representative Luis V. Gutiérrez. Appropriations included: Public Housing Capital Fund, DoD Supplement to Impact Aid Funding, Medicaid blood lead screening, Affordable Housing Preservation Project (AHPP), Metropolitan Interagency Mental Health and School Council for Children, Youth and their Families, Christopher House Early Head Start program in Belmont Cragin, Minority Centers of Excellence program (COE), Health Careers Opportunity Program (HCOP), Trauma Care Systems Planning and Development Act, Spanish Coalition for Housing, hemophilia treatment center (HTC) network, Significant New Alternative Policy (SNAP), National Center for Latinos with Disabilities (NCLD) Parent Training and Information …

2002 - Appropriations 1.4, Office Of Representative Luis V. Gutiérrez

By year (2001-2019)

This series consists of appropriations supported by the Office of Representative Luis V. Gutiérrez. Appropriations included: Clean Air Act, the SBA's HUBZone Program, Concordia Child Care Center, steel tariffs, bilateral HIV/AIDS, tuberculosis and malaria programs, Puerto Rican Legal Defense and Education Fund, Neurofibromatosis (NF) at the National Institutes of Health (NIH), Environmental Protection Agency's Energy Star program, Bridge Discretionary Program, Transportation and Community and System Preservation Program, National Training and Information Center (NTIC), Community Development Financial Institutions (CDFI) Fund, Trauma Care Systems Planning and Development Act, National Farmworker Jobs Program (NFJP), Cesar E. Chavez Education and Retreat Center, Department of …

Cold Acclimation Strategy Is Highly Variable Among The Sunfishes (Centrarchidae), Deidra R. Tschantz, Elizabeth L. Crockett, Peter H. Niewiarowski, Richard L. Londraville

Biology Faculty Research

We tested the hypothesis that the physiological strategy for acclimating to low body temperature is similar among closely related fish. Largemouth bass (Micropterus salmoides), green sunfish (Lepomis cyanellus), bluegill sunfish (Lepomis macrochirus), black crappie (Pomonix nigromaculatus), and white crappie (Pomonix annularis), all members of the family Centrarchidae, were acclimated to 5degrees and 25degreesC. Morphometric variables (total mass, total length, organ masses) and enzyme activities (hexokinase; lactate dehydrogenase; and cytochrome oxidase in heart, liver, and muscle) were measured in 5degreesC- and 25degreesC- acclimated fish at 5degrees and 25degreesC assay temperatures. Each species displayed a distinct physiological response to cold acclimation that …

Students In The Field: Linking Service-Learning And Undergraduate Research, Carolyn Behrman

Anthropology Faculty Research

No abstract provided.

Crossover Considerations: Performing Three Works By Ludmila Ulehla, Phil Woods And Bill Dobbins, John M. Perrine

LSU Major Papers

When musicians prepare a piece of music for performance, they utilize various sources of background knowledge that are available to them. This knowledge can be organized into groups of stylistic attributes suited for the various genres that are in question. This process is made possible by the perspective that history provides. One can comprise a compendium of performance practices provided evidence exists of consistency throughout the style period being addressed. An exciting opportunity presents itself when dealing with the present time. The relationship between the collaborating performers of any music is a delicate one. This task is made challenging with …

Comparisons Between Enron And Other Types Of Corporate Misconduct: Compliance With Law And Ethical Decision Making As The Best Form Of Public Relations, Cheryl L. Wade

Faculty Publications

(Excerpt)

One of the most important lessons that Enron offers is that sometimes managers lie and boards fail to do their jobs. Enron’s most valuable lessons relate to corporate governance, financial disclosure, accounting practices, and the management of pension funds. One of the most illuminating lessons that Enron offers, however, may be found in the reaction of jurists, legal scholars, the media, corporate professionals, elected officials, and the investing public to the Enron collapse. The general sense of public outrage is as large as the huge financial loss suffered by investors and employees.

There is a lesson to be derived …

Providing Structure To Law Students — Introducing The Programmed Learning Sequence As An Instructional Tool, Robin A. Boyle, Lynne Dolle

Faculty Publications

(Excerpt)

In the past few decades, legal academics have spawned writings about changing law school teaching methods from the traditional Socratic and case method to alternative approaches. Some of these authors encourage law professors to be aware of individual differences among students. Yet there has been little empirical research conducted in law schools concerning the effectiveness of teaching students according to their individual learning styles. "Learning styles" refers to the ways in which individuals "begin [ ] to concentrate on, process, [internalize,] and [remember] new and difficult [academic] information" or skills. The absence of learning-styles research in law schools spurred …

Departing Ways: Uniformity, Disparity And Cooperation In Federal Drug Sentences, Michael A. Simons

Faculty Publications

(Excerpt)

In 1995, this law review sponsored a symposium entitled The Sentencing Controversy: Punishment and Policy in the War Against Drugs. That symposium's focus on sentencing was appropriate because, as one of the participants noted, "[s]entencing is the bottom line of the criminal justice system."  Six years later, as this current symposium makes clear, we are still waging "war" on drugs. And although this symposium is not devoted exclusively to punishment, sentencing is still a central—and vexing—battlefield in that war.

The war on drugs is fought on multiple fronts: education, treatment, interdiction, diplomacy and law enforcement. Law enforcement, however, …

A Jackson Portrait For Jamestown, "A Magnet In The Room", John Q. Barrett

Faculty Publications

As Robert H. Jackson gained prominence in law practice and national government, he had particularly close ties to the city of Buffalo and to its University and School of Law. Jackson briefly practiced law in Buffalo for a year near the start of his career. He continued thereafter to handle Buffalo cases and represent Buffalo clients even though his practice was based in Jamestown. In 1946, Jackson received an honorary degree from the University of Buffalo at its centennial commemoration and spoke then about his just-completed Nuremberg experiences, including the evidence on German persecution of minorities. In 1951, Justice Jackson's …

Racial Discrimination And The Relationship Between The Directorial Duty Of Care And Corporate Disclosure, Cheryl L. Wade

Faculty Publications

(Excerpt)

Two corporate employers paid settlements of seismic proportions to minority employees alleging race discrimination in recent years. In 1996, Texaco settled a class action alleging race discrimination for $176 million, and in 2000, Coca-Cola settled race discrimination litigation for $192.5 million. The terms of both settlements required the insertion of outside auditors into typically internal and private corporate governance decisions, and the creation of governance processes designed to investigate and monitor compliance with laws prohibiting race discrimination. In this article I conclude that the settlements mandate managerial and directorial conduct that should have been undertaken when the charges of …

Corporate Governance As Corporate Social Responsibility: Empathy And Race Discrimination, Cheryl L. Wade

Faculty Publications

This Essay is one of a series of articles I have written that examines persistent racial discrimination in large, publicly held corporations. In spite of legislation prohibiting discrimination, employees of color have alleged that they have been the victims of discriminatory employment practices and racial harassment in the workplaces governed by large companies. Antidiscrimination law has not remedied the racially toxic corporate cultures of many of these companies. Because Title VII of the 1964 Civil Rights Act has no “generalized code of workplace civility,” it does little to ameliorate workplace racial harassment. For this reason, a new approach is required …

Performance-Related Specifications For Concrete Bridge Superstructures, Volume 2: High-Performance Concrete, J. Olek, Aijsing Lu, Xiuping Feng, Bryan Magee

JTRP Technical Reports

This is Volume 2 of the Final Report for the project titled “Performance-Related Specifications for Concrete-Bridge Superstructures” dealing with the topic of High-Performance Concrete (HPC). The investigation of high-performance concrete included the development of optimized concrete mixtures and identifying their performance characteristics related to durability for the purpose of using these characteristics in performance–related specifications in the state of Indiana. The research effort described in this report was divided in two phases. Phase I was focused on development of concrete mixtures optimized with respect to selected performance-related parameters. During this phase, ten optimum concrete mixes have been identified from 45 …

Front Matter

The Writing Center Journal

No abstract provided.

Collaborating With A Difference: How A South African Writing Center Brings Comfort To The Contact Zone, Twila Yates Papay

The Writing Center Journal

No abstract provided.

Fatigue Behavior Of Beam Diaphragm Connections With Intermittent Fillet Welds, Part I, Volume 2, Laboratory Fatigue Evaluation, Amy S. Barth, Mark D. Bowman

JTRP Technical Reports

This report is the second of a two-part, three volume final report presenting the findings of the research work that was undertaken to evaluate the behavior of Indiana highway bridges with diaphragm members welded directly to the web of the primary beams and girders. Fatigue cracks have been observed at several bridges that utilize the welded diaphragm connection. The seriousness of the cracking and the corresponding potential risk on the integrity of the bridge superstructure were assessed. Inspection and repair guidelines for bridges with the welded diaphragm connections were also developed as part of the research effort. This volume presents …

Teacher, Student, Ticket: John Frank, Leon Higginbotham, And One Afternoon At The Supreme Court--Not A Trifling Thing, John Q. Barrett

Faculty Publications

A path to greatness often begins with a special teacher, and this is such a story. In the fall of 1949, John P. Frank was a new associate professor at the Yale Law School. This story also involves a young student. In autumn 1949, A. Leon Higginbotham, Jr., was a first year law student at Yale. Higginbotham, a 21-year-old black man from Trenton, New Jersey, had attended Purdue University and, after transferring, graduated from Antioch College in 1949. Leon Higginbotham was one of three black students who entered Yale Law School in fall 1949. Higginbotham met John Frank when he …

Enron's Legislative Aftermath: Some Reflections On The Deterrence Aspects Of The Sarbanes-Oxley Act Of 2002, Michael A. Perino

Faculty Publications

Since Enron's implosion, an astounding string of accounting scandals have stunned the securities markets. Global Crossing, WorldCom, Adelphia, and a host of other companies have seen plummeting share prices and SEC and criminal investigations. Congress's reaction has been equally stunning and surprisingly swift. It passed with near unanimity the Sarbanes-Oxley Act of 2002 (the "SOA" or the "Act"), and President Bush quickly signed it into law. The President billed the Act as one of the "the most far-reaching reforms of American business practices since the time of Franklin Delano Roosevelt." While the SOA is certainly lengthy, with eleven titles and …

Pleading Rules In Antitrust Cases: A Return To Fact Pleading?, Edward D. Cavanagh

Faculty Publications

(Excerpt)

The Federal Rules of Civil Procedure, adopted in 1938, introduced a simplified pleading regimen for litigation in the federal courts. Commonly referred to as notice pleading, this new pleading regimen was designed to shift the courts' attention away from the pleadings and toward proof at trial. Under the simplified pleading standards adopted by the Federal Rules, the complaint need not contain a ritualistic recitation of elements of an abstruse theory of recovery, as required at common law; nor did it need to detail "facts" sufficient to make out a "cause of action," as required under the old scheme of …